St. Augustine School v. Carolyn Stanford Taylor

Summary

The Wisconsin Supreme Court answered a certified question from the United States Court of Appeals for the Seventh Circuit concerning the methodology for determining whether private schools are affiliated with the same religious denomination under Wis. Stat. § 121.51. The court held that the state superintendent may consider neutral corporate information and a school's public self-identification and affiliation, but may not investigate the school's religious beliefs, practices, or teachings. The certified question was answered and the cause remanded.

Holdings

1. The Superintendent is not limited to considering a school's corporate documents exclusively when determining whether schools are affiliated with the same religious denomination.
2. As part of a neutral and secular inquiry, the Superintendent may consider a school's professions concerning its self-identification and affiliation, including statements on its public website and in filings with the state.
3. The Superintendent may consider evidence of affiliation that does not require inquiry into a school's or denomination's religious beliefs, practices, or teachings, but may not investigate or surveil those matters.

Questions Presented

1. Whether, in determining whether private schools are affiliated with the same religious denomination under Wis. Stat. § 121.51(1), the Superintendent must rely exclusively on corporate documents and other neutral organizational criteria.
2. Whether the Superintendent may consider a school's self-identification and statements of affiliation appearing on its website or in filings with the state.
3. What constitutional limits the Establishment Clause places on the Superintendent's inquiry into religious affiliation.

Disposition

remanded